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Articles 13741 - 13770 of 16631
Full-Text Articles in Entire DC Network
A Transcontinental Alley-Oop: Antitrust Ramifications Of Potential National Basketball Association Expansion Into Europe, Paul R. Genender
A Transcontinental Alley-Oop: Antitrust Ramifications Of Potential National Basketball Association Expansion Into Europe, Paul R. Genender
Duke Journal of Comparative & International Law
No abstract provided.
Free Trade And The Environment: Will Free Trade Save China's Environment?, Paul J. Smith
Free Trade And The Environment: Will Free Trade Save China's Environment?, Paul J. Smith
Buffalo Journal of International Law
No abstract provided.
Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn
Mandatory Reporting Of Wife Assault By Health Care Professionals, Diana Ginn
Dalhousie Law Journal
This article examines the issue of mandatory reporting of wife assault' by health care professionals. Should a health care professional who believes that a patient is being abused by her partner have a legal duty to report that belief, and the information on which it is based, to a designated government ministry or department?2 Such reporting is already required for cases of suspected child abuse and, in one province, for suspected abuse of adults who are mentally or physically unable to protect themselves from the abuse.
Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit
Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit
Osgoode Hall Law Journal
The expression "free and democratic society" is the focus of our research, which sheds light on the contribution of the Supreme Court to the constitutionalization of this concept. Leaving aside the institutional and psycho-social factors, the study confirms the hypothesis that the interpretation of this expression will vary (1) according to the conceptions formerly held by the individual judges and (2) with respect to the factors favoured by a rhetorical Perelman-like analysis, which considers the factual and judicial context and the expectations of both the universal and specific audiences. At the Supreme Court level, the expectations of the latter should …
Copyright Protection And Reverse Engineering Of Software — An Ec/Uk Perspective, Vanessa Marsland
Copyright Protection And Reverse Engineering Of Software — An Ec/Uk Perspective, Vanessa Marsland
University of Dayton Law Review
Symposium: Copyright Protection and Reverse Engineering of Software
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
Vanderbilt Law Review
The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical …
Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli
Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli
Cardozo Law Review
In 1992 Judge Becker and Professor Orenstein referred to the Frye issue - the admissibility of novel scientific evidence-as the "most controversial and important unresolved question" in the Federal Rules of Evidence. Indeed, during the prior decade the federal courts had battled over the issue, as had their state counterparts. Similarly, text writers and law review commentators vigorously disagreed about the proper standard for admitting scientific evidence. While one ABA report on the Federal Rules explored the Frye issue and concluded that it "is not clear that any standard would produce agreement at the moment," another report cited it as …
Florida Constitutional Theory (For Clifford Alloway), Patrick O. Gudridge
Florida Constitutional Theory (For Clifford Alloway), Patrick O. Gudridge
University of Miami Law Review
No abstract provided.
Confessions And The Mentally Retarded Capital Defendant: Cheating To Lose, Silvia Linda Simpson
Confessions And The Mentally Retarded Capital Defendant: Cheating To Lose, Silvia Linda Simpson
Capital Defense Journal
No abstract provided.
Vol. 17 No. 1 (1994): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Vol. 17 No. 1 (1994): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Pacific Studies
Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …
"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse
"Out Of Children's Needs, Children's Rights": The Child's Voice In Defining The Family, Barbara Bennett Woodhouse
Brigham Young University Journal of Public Law
No abstract provided.
Contributors: Vol 17 No. 1, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Contributors: Vol 17 No. 1, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Pacific Studies
Contributors list of Vol. 17 (1994): Pacific Studies Full Issue 1
Vol. 17 No. 1 (1994): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Vol. 17 No. 1 (1994): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Pacific Studies
Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …
Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Pacific Studies
Book Listing for the Vol 17, No 1 Edition of the Pacific Studies Journal
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Heirs Of Leonardo: Cultural Obstacles To Strict Products Liability In Italy, Anita Bernstein, Paul Fanning
Faculty Scholarship
No abstract provided.
The Word On Trial, Robin West
On The Threshold Of Ethics, Adam Thurschwell
On The Threshold Of Ethics, Adam Thurschwell
Cardozo Law Review
Can the judiciary exercise its authority to interpret the law without committing itself to particular, substantive views of the Good? If not, can law maintain its legitimacy in a democratic society when this legitimacy rests on the state's democratic claim to neutrality vis-i-vis the competing moral visions of its citizens? The fear addressed by these questions-the familiar "counter-majoritarian difficulty"-is that unelected judges will irresponsibly impose their individual moral preferences on an unwilling citizenry. The traditional answer is that interpretation requires no recourse to moral or ethical judgment, because case outcomes may be rationally determined from precedent and other authoritative legal …
"Reading At The Limit", Elizabeth Weed
"Reading At The Limit", Elizabeth Weed
Cardozo Law Review
In the future, when we reflect upon the phenomenon of "postmodernity," we may be most surprised by its permissiveness. Accustomed as we are to the blurring of genres and disciplinary boundaries, we can forget that the disciplinary gates have been open only a few decades and that they may well close again. Of course, philosophers have always moved freely within the discipline of the law; historians and sociologists have had their place; and now, literary critics and feminist theorists move there as well, through Critical Legal Studies (PoL pp. 100-05), feminist studies (PoL pp. 100-03), critical race theory, …
Beyond Reasonable Accommodation: The Availability And Structure Of A Cause Of Action For Workplace Harassment Under The Americans With Disabilities Act, Frank S. Ravitch
Beyond Reasonable Accommodation: The Availability And Structure Of A Cause Of Action For Workplace Harassment Under The Americans With Disabilities Act, Frank S. Ravitch
Cardozo Law Review
Employment discrimination law has undergone a metamorphosis in the last few years. New legislation and judicial interpretation of existing legislation have broadened the rights available to the victims of discrimination, and have created new duties with which employers must comply. The passage of the Americans with Disabilities Act added one of the largest pieces to the new employment discrimination puzzle. Because the ADA is still in the early stages of development, it is essential to define the bases for potential causes of action under the Act, and to delineate workable structures for analyzing those causes of action.
Language And Materialism, Christina Crosby
Language And Materialism, Christina Crosby
Cardozo Law Review
A report issued by the United Nations recently predicted that "[i]t will take nearly 1,000 years for women to gain the same economic and political clout as men if current trends continue." Indeed, when one reflects on the wrongs done worldwide to women-the silent violence of exploitation and indifference, the pervasive violence of disgust and contempt, the brutal violence of murder and mutilationone wonders, first, whether even a millennium will bring "equal representation in 'the higher echelons of political and economic power,' and second, whether anything would really be changed if women one day come to exercise the same "clout" …
Human Rights In The Social Sciences, Erika Loerner Friedi
Human Rights In The Social Sciences, Erika Loerner Friedi
Center for the Study of Ethics in Society Papers
This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
Prescription Adrift In A Sea Of Servitudes: Postmodernism And The Lost Grant, Mark A. Clawson
Prescription Adrift In A Sea Of Servitudes: Postmodernism And The Lost Grant, Mark A. Clawson
Duke Law Journal
No abstract provided.
Autonomy And Minorities: The Status Of The Kurds And The Palestinians, Clovis Maksoud
Autonomy And Minorities: The Status Of The Kurds And The Palestinians, Clovis Maksoud
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Discrimination Shibboleth, Andrew Kull
The Discrimination Shibboleth, Andrew Kull
San Diego Law Review
This Article explores a more conservative viewpoint than Richard Epstein's view that all employment antidiscrimination laws should be repealed in his book Forbidden Grounds: The Case Against Employment Discrimination. This Article focuses on the distinctions between current antidiscrimination laws and those of the Civil Rights Act of 1964. While the Civil Rights Act of 1964 prohibited discrimination on the basis of race and sex, current laws prohibit discrimination on many other grounds. The author argues that these new laws constitute new policy choices, and they impose more costs than the traditional laws.
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
UC Law SF International Law Review
No abstract provided.
Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa
Taiwan's Legal System And Legal Profession, Hungdah Chiu, Jyh-Pin Fa
Maryland Series in Contemporary Asian Studies
No abstract provided.
Education, University Of The Pacific; Mcgeorge School Of Law
Education, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
A Syncopated Chevron: Emphasizing Reasoned Decision-Making In Reviewing Agency Interpretations Of Statutes, Mark Seidenfeld
A Syncopated Chevron: Emphasizing Reasoned Decision-Making In Reviewing Agency Interpretations Of Statutes, Mark Seidenfeld
Scholarly Publications
No abstract provided.
The Constitution Of Conscience, Steven L. Winter
The Constitution Of Conscience, Steven L. Winter
Law Faculty Research Publications
No abstract provided.